Agricultural Holdings (Scotland) Act 1949 (repealed 25.9.1991)
12 & 13 & 14 Geo. 6 c. 75 · Enacted 24 November 1949 · Extends to Scotland
An Act to consolidate the Agricultural Holdings (Scotland) Act, 1923, Part 11 of the Small Landholders and Agricultural Holdings (Scotland) Act, 1931, Part I of the Agriculture (Scotland) Act, 1948, and certain other enactments relating to agricultural holdings, save, with respect to rights to compensation, in their application to certain cases determined by past events.
Annotations to the whole text
Textual amendments
- F1
Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)
- F2
Act repealed (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss. 88(2), 89(2), Sch. 13 Pt.I (with s. 45(3), Sch. 12 paras. 1, 3)
Modifications
- C1
Act applied (S.) by Hill Farming Act 1946 (c. 73), s. 9 as substituted by this Act
- C2
Act saved by Crofters (Scotland) Act 1955 (c. 21), s. 14(10); modified by Opencast Coal Act 1958 (c. 69), s. 14(2)(9)
- C3
Certain provisions of this Act as to compensation applied with modifications by Opencast Coal Act 1958 (c. 69), ss. 24, 37, Sch. 7 paras. 1–3, 25
- C4
Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3
- C5
Act excluded by Land Compensation (Scotland) Act 1973 (c. 56, SIF 28:2), s. 55(2)(b)
- C6
Act amended by S.I. 1978/798, reg. 3
- C7
Act extended by Agriculture Act 1986 (c. 49, SIF 2:1), s. 14, Sch. 2 para. 10(1)(a), by S.I. 1986/1613, reg. 15(1)(a) and by S.I. 1987/882, art. 15(1)(a)
- C8
Act modified by Opencast Coal Act 1958, (c. 69, SIF 86), s. 14A(3)–(5) as substituted by Housing and Planning Act 1986 (c.63, SIF 86), s. 39(3), Sch. 8 para. 5
- C9
Act excluded (25.9.1991) by Agricultural Holdings (Scotland) Act 1991 (c. 55, SIF 2:3), ss.35, 89(2) (with ss. 45(3), 51(1), Sch. 12, para.3)
Commencement
- I1
Act wholly in force at Royal Assent
Contents
- Meaning of “agricultural holding”
- 1Meaning of “agricultural holding.”
- Provisions as to leases
- 2Restriction on letting agricultural land for less than from year to year.
- 3Tacit relocation.
- 4Provisions for securing written leases and for the revision of certain leases.
- 5Respective liabilities of landlord and tenant for provision and maintenance of fixed equipment and for payment of insurance premiums.
- 6Provisions supplementary to s. 4 and s. 5.
- 7Variation of rent.
- 8Increases of rent in respect of certain improvements carried out by landlord.
- 9Section 9
- 10Leases to continue in force notwithstanding variation of terms, etc.
- Miscellaneous provisions affecting the relationship of landlord and tenant
- 11Certain agreements by incoming tenant to pay compensation due to outgoing tenant to be void.
- 12Freedom of cropping and disposal of produce.
- 13Prohibition of removal of manure, etc., after notice to terminate the tenancy.
- 14Tenant’s right to remove fixtures and buildings.
- 15Compensation for damage by game.
- 16Restriction of landlord’s right to penal rent or liquidated damages.
- 17Making of record of condition, etc., of holding.
- 18Section 18
- 19Removal of tenant for non-payment of rent.
- 20Bequest of lease.
- 21Right of landlord to object to acquirer of lease.
- 22Provisions as to payment for implements, etc., sold on quitting holding.
- 23Application of sums recovered under fire insurance policy.
- Provisions as to notices to quit
- 24Provisions as to giving of notices to quit.
- 25Restrictions on operation of notices to quit.
- 26Provisions as to consents for purposes of preceding section.
- 26ATermination of tenancies acquired by succession.
- 27Section 27
- 28Section 28
- 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 30Penalty for breach of condition accompanying consent to notice to quit.
- 31Provisions as to notices to quit where holding agreed to be sold.
- 32Notices to quit part of holdings not to be invalid in certain cases.
- 33Tenant’s right to treat notice to quit part of holding as notice to quit entire holding.
- 34Reduction of rent where tenant dispossessed of part of holding.
- Compensation to tenant for disturbance
- 35Right to, and measure of, compensation for disturbance.
- Compensation to tenant, on termination of tenancy, for improvements begun before 1st November, 1948
- 36Application of sections 37 to 46.
- 37Right of tenant to compensation for old improvements.
- 38Amount of compensation for old improvements.
- 39Compensation for certain old improvements conditional on consent of landlord.
- 40Compensation for certain old improvements conditional on notice to landlord.
- 41Conditions attaching to right to compensation for repairs to buildings.
- 42Agreements as to compensation for old improvements specified in Part III of Second or Third Schedule.
- 43Compensation in respect of temporary pasture.
- 44Reduction in amount of, or exclusion of right to, compensation for old improvements in certain cases.
- 45Provision as to change of tenancy.
- 46Right to compensation for old improvements of tenant who has paid compensation therefor to outgoing tenant.
- Compensation to tenant, on termination of tenancy, for improvements begun on or after Ist November, 1948
- 47Application of sections 48 to 55.
- 48Tenant’s right to compensation for new improvements.
- 49Amount of compensation for new improvements.
- 50Compensation for Sch. 1, Pt. I, improvements conditional on consent of landlord.
- 51Compensation for Sch. 1, Pt. II, improvements conditional on notice to landlord.
- 52Compensation for Sch. 1, Pt. II, improvements conditional on approval of Secretary of State in certain cases.
- 53Compensation in respect of temporary pasture.
- 54Provision as to change of tenancy.
- 55Right to compensation for new improvements of tenant who has paid compensation therefor to outgoing tenant.
- Compensation to tenant, on termination of tenancy, for continuous adoption of special standard
- 56Compensation for continuous adoption of special standard of farming.
- Compensation to landlord, on termination of tenancy, for deterioration of holding
- 57Compensation to landlord for deterioration, etc. of particular parts of holding.
- 58Compensation to landlord for general deterioration of holding.
- 59Provisions supplementary to s. 57 and s. 58.
- Supplementary provisions with respect to compensation
- 60Compensation provisions of this Act to apply to parts of holdings in certain cases.
- 61Determination of claims for compensation where holding is divided.
- 62Adjustment of compensation in respect of ploughing grants.
- 63Compensation not to be payable for things done in compliance with this Act.
- 64Extent to which compensation recoverable under agreements.
- Special provisions affecting market gardens as regards compensation and fixtures
- 65Effect of agreement to let or treat an agricultural holding as a market garden.
- 66Power of Secretary of State in default of agreement to treat an agricultural holding as a market garden.
- 67Agreements as to compensation relating to market gardens.
- Settlement of claims between landlord and tenant on termination of tenancy
- 68Settlement of claims by arbitration.
- Recovery of sums due under this Act
- 69Recovery of compensation and other sums due.
- 70Power of tenant to obtain charge on holding in respect of compensation.
- Supplementary provisions
- 71, 72. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 73Proceedings of the Land Court.
- 74Matters to be referred to arbitration.
- 75Provisions as to arbitrations.
- 76Constitution of panel of arbiters, and provisions as to remuneration of arbiter.
- 77Appointment of arbiter in cases to which the Secretary of State is a party.
- 78Determination of questions by Land Court in lieu of arbitration.
- 79Power of Secretary of State to vary First and Fourth Schedules to this Act.
- 80Power of limited owners to give consents, etc.
- 81Power of heir of entail to apply entailed moneys for improvements.
- 82Power of landlord to obtain charge on holding in respect of compensation, etc. paid by him.
- 83Power of land improvement companies to advance money.
- 84Appointment of guardian to landlord or tenant in certain cases.
- 85Validity of consents, etc
- Provisions as to Crown Land
- 86Application of Act to Crown land.
- 87Determination of matters relating to holdings of which the Secretary of State is landlord or tenant.
- General
- 88Expenses and receipts.
- 89Provisions as to entry and inspection.
- 90Service of notices, etc.
- 91Prohibition of appeal from sheriff substitute.
- 92Revocation and variation of orders.
- 93Interpretation.
- 94Amendments of other Acts.
- 95Construction of references in other Acts to holdings as defined by the Agricultural Holdings (Scotland) Act, 1923.
- 96Improvements carried out before 1909.
- 97Repeal of enactments.
- 98Provisions as to tenants quitting before commencement of this Act, or thereafter in consequence of notice given, etc. before 1st November, 1948.
- 99General savings.
- 100Savings for other rights, etc.
- 101Short title and extent.
- Schedule FIRST: Improvements begun on or after 1st November, 1948, for which compensation may be payable
- Part I: Improvements to which consent of landlord is required
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part II: Improvements in respect of which notice to landlord is required
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Part III: Improvements in respect of which consent of, or notice to, landlord is not required
- 24Paragraph 24
- 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- Schedule SECOND: Improvements begun before 31st July, 1931, for which compensation may be payable
- Part I: Improvements for which compensation is payable if consent of landlord was obtained to their execution
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part II: Improvement for which compensation is payable if notice was given to landlord before execution thereof
- 19Paragraph 19
- Part III: Improvements for which compensation is payable without consent of, or notice to, landlord of their execution
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Schedule THIRD: Improvements begun on or after 31st July, 1931, and before 1st November, 1948, for which compensation may be payable
- Part I: Improvements for which compensation is payable if consent of landlord was obtained to their execution
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part II: Improvements for which compensation is payable if notice was given to landlord before execution thereof
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part III: Improvements for which compensation is payable without consent of, or notice to, landlord of their execution
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Schedule FOURTH: Market garden improvements for which compensation may be payable
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule FIFTH: Matters for which provision is to be made in written leases
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule SIXTH: Provisions as to Arbitrations
- Appointment of arbiter
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Particulars of Claim
- 5Paragraph 5
- Evidence
- 6Paragraph 6
- 7Paragraph 7
- Award
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Expenses
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Statement of case
- 19Paragraph 19
- 20Paragraph 20
- 20AParagraph 20A
- Removal of arbiter and setting aside of award
- 21Paragraph 21
- 22Paragraph 22
- Forms
- 23Paragraph 23
- Schedule SEVENTH: Amendments of other Acts
- The Small Landholders and Agricultural Holdings (Scotland) Act, 1931
- The Hill Farming Act, 1946
- Schedule EIGHTHEnactments Repealed
- Schedule NINTH
- Part I: Grounds for Consent to Operation of Notice to Quit a Tenancy Let Before 1 January 1984
- Case 1
- Case 2
- aParagraph a
- bParagraph b
- cParagraph c
- Case 3
- Part II: Grounds for Consent to Operation of Notice to Quit a Tenancy Let On or After 1 January 1984
- Case 4
- Case 5
- Case 6
- Case 7
- Part III: Supplementary
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3